I, _____________________, of _______________________________
being of sound and disposing mind, do hereby make,
publish and declare the following to be my Last Will
and Testament, revoking all previous will and codicils
made by me.
I declare that I am married to _______________,
to which I have referred to herein as my "spouse",
and that I have__ children now living whose names
and birth dates are: (List Children's Names and Birthdates)
I have _____ deceased children.
All references to "my children" in this
will include all of the above-named children and also
any child hereafter born or adopted by me.
I
My spouse and I are executing wills at approximately
the same time in which each is the primary beneficiary
of the other. These wills are not being made because
of any contractual agreement between us, and either
will may at any time be revoked by either maker at
the sole discretion thereof.
II
I appoint my spouse as personal representative of
my will. If unable or unwilling to act, or to continue
to act, as executor of my will, I then appoint _________________________
as personal representative of my will.
No bond or other security of any kind shall be required
of any personal representative appointed in this will.
My personal representative, whether original, substitute
or successor, shall hereafter also be referred to
as my "executor".
III
I direct that my executor pay all of my funeral
expenses, all state and federal estate, inheritance
and succession taxes, administration costs and all
of my debts subject to statute of
limitations, except mortgage notes secured by real
estate, as soon as practical.
IV
I give, devise and bequeath all of the rest, residue
and remainder of my estate, of whatever kind and character,
and wherever located, to my spouse, provided that
my spouse survives me.
I make no provision for my children, knowing that,
as their parent, my spouse will continue to be mindful
of their needs and requirements.
V
If my spouse does not survive me, then I give, devise
and bequeath all of the rest, residue and remainder
of my estate, of whatever kind and character, and
wherever located, to my children per stirpes, and
I direct that the share of any child of mine who shall
have died leaving no issue shall be divided among
my surviving children in equal shares per stirpes.
VI
My executor shall have the following additional
powers with respect to my estate, to be exercised
from time to time at my executor's discretion without
further license or order of any
court.
Business Interest
To sell or otherwise liquidate, or to continue to
operate my executor's discretion, any corporation,
partnership or other business interest received by
my estate.
Property of My Estate
To retain any and all property and securities of
my estate in the name of my executor as executor or
in my executor's own name.
Retention of Assets
To retain all property and securities of my estate
for as long as my executor deems advisable.
Management of Estate
To invest, lease, rent, mortgage, insure, repair,
improve or sell any and all real and personal property
belong to my estate as my executor deems advisable.
Mortgages, Pledges and Deeds of Trust
To enforce any and all mortgages, pledges and deeds
of trust held by my estate and to purchase at any
sale thereunder any such real or personal property
subject to any mortgage, pledge or deed of trust.
Litigation
To initiate or defend, at my executor's discretion,
any litigation affecting my estate.
Attorneys, Advisors and Agents
To employ and to pay from my estate reasonable compensation
to such attorneys, accountants, brokers, and investment,
tax and other advisors as my executor shall deem advisable.
Adjustment of Claims
To submit to arbitration, to compromise or to release
or otherwise adjust, with or without compensation,
any and all claims affecting the trust estate.
Distribution of My Estate
In distributing my estate, to make said distribution
wholly or partly in kind by transferring or allotting
such real or personal property or undivided interest
therein.
VII
If any person, whether or not related to me by blood
or in any way, shall attempt, either directly or indirectly,
to set aside the probate of my will or oppose any
of the provisions hereof, and such person shall establish
a right to any portion of my estate, then I give and
bequeath the sum of one dollar ($1.00), only that,
and no further interest whatever in my estate to such
person.
VIII
In the event that any of my property, or all of
it, at the time of my death is community property
under the laws of any jurisdiction, then my will shall
be construed as referring only to
my community-property interest therein.
IX
If any portion of my will shall be held illegal,
invalid or otherwise inoperative, it is my intention
that all of the other provisions hereof shall continue
to be fully effective and operative insofar as is
possible and reasonable.
IN WITNESS WHEREOF, I have hereto set my hand and
seal this _____ day of ________________, 20_______.
______________________________
Signed, sealed, published and declared to be the
Last Will and Testament by __________________ in the
presence of all of us, who, in the presence and at
the request, and in the presence of each other, have
hereunto subscribed our names as witnesses:
WITNESS NAMES AND SIGNATURES WITNESS ADDRESS
____________________________ _________________________
Name:
____________________________ _________________________
Name:
____________________________ _________________________
NOTICE
The information in this document is designed to
provide an outline that you can follow when formulating
business or personal plans. Due to the variances of
many local, city, county and state laws, we recommend
that you seek professional legal counseling before
entering into any contract or agreement.
